On April 23, 2026, the United States Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) issued an order placing FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. The DEA defines Schedule III drugs as those with a moderate to low potential for physical and psychological dependence. The hearing on moving marijuana from Schedule I to Schedule III began June 29.
Workforce Health understands how important this change will be for employers and offers the following recommendations.
- This order does not mean that Medical Review Officers (MROs) should downgrade federal THCA positive tests to negative at this time.
- For federally regulated drug testing, including DOT, medical marijuana use is not an acceptable medical explanation for a THC/THCA positive test. DOT/NRC safety-sensitive employees are still prohibited from using marijuana, which remains a Schedule I illicit drug.
- For nonregulated tests, MROs are not required to report a THC/THCA positive test for which the donor claims medical marijuana use as a verified negative. Decisions should be based on the employer’s policy and directives to the MRO and state and local regulations.
- It is important to note that currently there are no FDA-approved products containing marijuana. There are FDA-approved products that test positive for THCA, but they are synthetic and do not contain marijuana.
A final rule is expected after the hearing and should address the issues surrounding DOT/NRC testing for marijuana. Workforce Health recognizes the importance of this ruling and will share updates as they become available.
